The Restriction of Public Sector Exit Payments (Revocation) Regulations 2021

Additional payments by a relevant authority in consequence of these Regulations

4.—(1) In this regulation a reference to an exit payment made to a person (“P”) includes a reference to an exit payment made in respect of P either to another person (“AP”) or to a relevant public sector scheme.

(2) Paragraph (3) applies if—

(a) during the relevant period a relevant authority—

(i) made an exit payment to P in respect of a relevant public sector exit; or

(ii) made two or more such payments to P within any period of 28 consecutive days; and

(b) at the time of the payment (or the last payment if there was more than one), P would have been entitled to an exit payment (or a sum of exit payments) of a greater amount had regulation 3 of the 2020 Regulations not been in force.

(3) Where this paragraph applies, the relevant authority must pay the amount of the difference between the amount paid during the relevant period and the greater amount referred to in paragraph (2)(b), plus interest calculated in accordance with the Judgment Debts (Rate of Interest) Order 1993(1) as if the payment were made pursuant to a judgment to which that Order applied, to (as applicable)—

(a) P; or

(b) AP, in respect of P; or

(c) a relevant public sector scheme, in respect of P; or

(d) more than one of the above.

(1)

S.I. 1993/564.